5.  The applicant was born in 1957 and lives in Oradea.
6.  On 11 April 2003 the Bihor Police Border Guard Department informed the Bihor Prosecutor’s Office that the applicant, inter alia, was investigated in relation to commission of two offences: organising a criminal group and unlawfully trafficking migrants.
7.  On the same date the Bihor Prosecutor’s Office issued an order to appear on the applicant’s name in order for him to be questioned as a suspect in relation to commission of the offences.
8.  By a decision of 12 April 2003, the Bihor Prosecutor’s Office authorised the Bihor Police Border Guard Department to initiate a criminal investigation in respect of the applicant.
9.  On 7 May 2003, in the presence of his chosen legal representative, the applicant was informed of his procedural rights and signed a written statement acknowledging that he had been informed by the authorities that he had been charged with both offences of which he was suspected. On the same date, the applicant was questioned by the Bihor Prosecutor’s Office in respect of the charges brought against him. He was detained for thirty days pending trial under Article 148 (c), (e), (f) and (h) of the Romanian Code of Criminal Procedure on the grounds that he had absconded, that there was sufficient evidence to suspect that he might commit other offences or that he would obstruct the investigation, that he was a repeat offender, that the prison sentence prescribed by law for the offences with which he had been charged was in excess of two years, and that his release would pose a danger to public order.
10.  On 30 May 2003 the Bihor Prosecutor’s Office indicted the applicant for organising a criminal group and for unlawfully trafficking migrants and sent his case for trial.
11.  On 4 June 2003 at the first hearing before the Bihor County Court, the applicant contested the lawfulness of his pre-trial detention and asked the court to release him. By an interlocutory judgment delivered the same day, the Bihor County Court extended the applicant’s pre-trial detention on the grounds that it was lawful and the reasons justifying his initial detention remained valid. The court held that the applicant’s release would constitute a danger to public order, that the offences attracted a severe punishment and that it had been proven that the applicant had absconded, because immediately after he had found out about the investigation initiated into his actions he had left his home and was later found at a different address. In addition, he was a repeat offender and there was evidence in the file suggesting that he had committed the offences. The applicant lodged an appeal on points of law (recurs) against the interlocutory judgment.
12.  By an unappealable interlocutory judgment of 12 June 2003, the Oradea Court of Appeal dismissed the applicant’s appeal on points of law against the interlocutory judgment of 4 June 2003 as inadmissible. It held that, in accordance with the applicable rules of criminal procedure, the interlocutory judgment in question was not amenable to an appeal on points of law.
13.  By interlocutory judgments of 23 June, 21 July, 18 and 25 August, 15 September, 13 October, 30 October, 10 November and 15 December 2003; 26 January, 23 March, 18 May, 24 June, 12 August, 9 September, 7 and 29 October, 11 November and 9 December 2004; and 6 January, 9 February and 11 March 2005, the Bihor County Court extended the applicant’s pre-trial detention on the grounds that his arrest had been lawful, the reasons justifying his initial detention remained valid, there was evidence in the file suggesting that he had committed the offences, the length of his pre-trial detention was not unreasonable, and that there was evidence suggesting that he was a danger to public order and might re‑offend, given the danger he had posed to society shortly after having served a previous prison sentence. The court also dismissed, without providing any additional details, the applicant’s request for his pre-trial detention to be replaced with alternative measures, such as a prohibition on leaving town. The applicant lodged appeals on points of law against all the interlocutory judgments of the Bihor County Court, except for those delivered on 18 May 2004 and 6 January, 9 February and 11 March 2005.
14.  By unappealable interlocutory judgments of 1 and 25 July, 21 and 28 August, 17 September, 20 October, 10 and 13 November, and 18 December 2003; 23 and 25 March, 6 July, 19 August, 21 September, 12 October, 9 and 18 November, and 21 December 2004, the Oradea Court of Appeal dismissed the applicant’s appeals on points of law as inadmissible or as ill-founded. The Court of Appeal relied on the same reasons as the Bihor County Court to dismiss the applicant’s appeals on points of law.
15.  On 20 April 2004 the applicant sought withdrawal of all the judges attached to the Bihor County Court and the Oradea Court of Appeal.
16.  By an interlocutory judgment of 21 April 2004, the Court of Cassation dismissed the applicant’s request for withdrawal of the judges attached to the Oradea Court of Appeal as inadmissible on the grounds that the applicant had not provided any reasons for his request. It referred the case back to the Oradea Court of Appeal to examine the request for withdrawal of the judges attached to the Bihor County Court. By an unappealable interlocutory judgment of 6 May 2005, the Court of Cassation dismissed the applicant’s appeal against the decision as ill-founded.
17.  By an interlocutory judgment of 21 April 2004, the Oradea Court of Appeal dismissed the applicant’s request of 20 April 2004 for withdrawal of all the judges of the Bihor County Court on the grounds that the applicant had not provided reasons for his request in accordance with the applicable rules of criminal procedure. At the same time, the court extended the applicant’s pre-trial detention on the grounds that his arrest had been lawful and the reasons justifying his initial detention remained valid. By an unappealable interlocutory judgment of 23 April 2004 the Court of Cassation dismissed the applicant’s appeal on points of law against the interlocutory judgment as ill-founded.
18.  By unappealable interlocutory judgments of 31 March and 27 April 2005, the Bihor County Court dismissed several pleas of unconstitutionality made by the applicant in respect of various provisions of the Romanian Code of Criminal Procedure on the grounds that either the applicant had not provided reasons for his pleas as required by the applicable rules of criminal procedure, or that they had no relevance to the case. The court refused his request to refer them to the Constitutional Court.
19.  By an unappealable interlocutory judgment of 15 April 2005, the Bihor County Court allowed a plea by the applicant as to the unconstitutionality of Article 140 § 2 of the Romanian Code of Criminal Procedure concerning the length of his pre-trial detention, and referred the case to the Constitutional Court.
20.  By an interlocutory judgment of 27 May 2005, the Bihor County Court dismissed the applicant’s complaint concerning the length of his pre‑trial detention on the grounds that his conduct, including repeated pleas of unconstitutionality and requests for withdrawal of the judges, had contributed to the length of the proceedings. The court extended the applicant’s pre-trial detention on the grounds that the reasons justifying his initial detention remained valid, that he had been charged with serious offences, and that his release would constitute a danger to public order on account of the seriousness of his actions and his attitude during the proceedings. The applicant lodged an appeal on points of law against the interlocutory judgment.
21.  By an unappealable interlocutory judgment of 1 June 2005, the Oradea Court of Appeal dismissed the applicant’s appeal and upheld the decision of 27 May 2005. It held that the applicant’s pre-trial detention was lawful and that the reasons justifying his initial detention remained valid, that he was charged with serious offences, and that there were no reasons to justify his release. It further held that the dangerousness of the offences, the particular circumstances of the case, the applicant’s personal circumstances, the international efforts made to stop similar offences from occurring, the negative impact on society of a decision to release a person charged with serious offences, and the potential impression it would give that the law had not been enforced if he was to be released, justified his pre-trial detention.
22.  By interlocutory judgments of 23 June and 11 July 2005, the Bihor County Court extended the applicant’s pre-trial detention on the grounds that the reasons justifying his initial detention remained valid. It reiterated its previous findings that the applicant’s detention had been lawful, that it was not unreasonably lengthy, that his conduct contributed to the length of the proceedings, and that the pleas of unconstitutionality made by the applicant were irrelevant to the case. The applicant lodged an appeal on points of law against both interlocutory judgments.
23.  By unappealable interlocutory judgments of 8 and 15 July 2005 respectively, the Oradea Court of Appeal dismissed the applicant’s appeals on points of law against the interlocutory judgments of 23 June and 11 July 2005 respectively, as ill-founded. It held that the reasons justifying the applicant’s initial detention remained valid and that an alternative measure was not justified considering that the circumstances that had led to his detention had not changed.
24.  By unappealable interlocutory judgments of 3 and 29 August and 13 September 2005, the Oradea Court of Appeal dismissed the applicant’s appeals on points of law against the Bihor County Court’s interlocutory judgments of 1 and 19 August and 5 September 2005. It extended the applicant’s pre-trial detention on the grounds that the reasons justifying his initial detention remained valid and that he continued to be a danger to public order. In addition, it held that the length of his pre-trial detention was not unreasonable, considering that neither the domestic law nor the European Convention on Human Rights imposed any time-limits on the length of such detention. Moreover, alternative measures were not justified given the above-mentioned considerations.
25.  By a judgment of 30 September 2005, the Bihor County Court convicted the applicant of organising a criminal group and of unlawfully trafficking migrants on the basis of documentary and testimonial evidence and sentenced him to five years’ imprisonment. At the same time, the court extended the applicant’s detention. The applicant appealed against the judgment, arguing that the first-instance court had incorrectly assessed the evidence, had misinterpreted the applicable legal provisions and had unlawfully seized his car.
26.  By a final judgment of 13 October 2005, the Constitutional Court dismissed the applicant’s plea of unconstitutionality made on 15 April 2005 on the grounds that no provision of the Constitution could be interpreted to limit the length of pre-trial detention during the trial stage of the proceedings to a specific number of days.
27.  By a judgment of 17 January 2006, the Oradea Court of Appeal allowed the applicant’s appeal in part, acknowledged that the seizure of the applicant’s car had been unlawful and ordered the authorities to return it to him. It upheld the remainder of the judgment of 30 September 2005. The applicant lodged an appeal on points of law against the judgment. He argued that the lower court had incorrectly assessed the evidence justifying the applicant’s sentence.
28.  By a final judgment of 27 March 2006 the Court of Cassation allowed the applicant’s appeal on points of law in part and reduced his sentence from five to four years’ imprisonment. It dismissed the remainder of the applicant’s appeal on points of law and upheld the judgments of the lower court.
29.  On 10 March 2005 the applicant lodged a complaint with the Oradea District Court, relying, inter alia, on Emergency Ordinance no. 56/2003 on the serving of prison sentences. He claimed that his right to be presumed innocent had been breached, in so far as the authorities of Oradea Prison had brought him before the domestic courts dressed in a prison uniform and handcuffs, usually worn by convicted individuals. He also claimed that he had been forced to share a cell with such detainees and had been chained to them when he had been brought before the courts. Furthermore, the applicant complained of inhuman and degrading treatment, as he had been detained in a damp and small cell without natural light or fresh air, which had affected his breathing.
30.  On 26 May 2005 the applicant set out details of his complaints to the domestic court. He argued that his right to be presumed innocent had been breached, as he had been forced to wear the same prison uniform as persons already convicted by the courts, and had been detained in the same section of the prison as dangerous detainees. In addition, he claimed compensation for non-pecuniary damage of 1,000,000 euros (EUR) on the grounds that his life had been endangered as a result of his human rights having been breached during his detention.
31.  On 16 June 2005 the applicant set out details of his complaints for a second time, arguing that the actions of the prison authorities amounted to an abuse of power and inhuman and degrading treatment and motioned the court to have a criminal investigation initiated against them for the said offences.
32.  On the same date the Bihor District Court referred the case to the Bihor Prosecutor’s Office in order for an investigation to be conducted into the applicant’s allegations of abuse of power and inhuman and degrading treatment.
33.  By a decision of 18 August 2005, the Bihor Prosecutor’s Office referred the case back to the Bihor District Court on the grounds that the applicant specified his action arguing that he did not lodge criminal proceeding against the employees of the prison, but he asked the court to examine and decide on the lawfulness of the rules concerning detainees.
34.  By a judgment of 13 October 2005, the Oradea District Court dismissed the applicant’s complaint on the grounds that it was inadmissible. It noted that the complaint had in fact concerned the lawfulness of the rules concerning the internal organisation of the prison system, in so far as he had alleged that his right to be presumed innocent had been breached during his presence in the said detention facility as a pre-trial detainee as a result of him being forced to wear the same prison uniforms as convicted individuals and by being incarcerated in the prison section reserved for dangerous detainees without him lodging a criminal complaint against any of the prison employees allegedly responsible for such actions. Consequently, the court was not competent to examine his claims.
35.  On 25 April 2012 the Government informed the Court that the applicant had been detained in Oradea Prison from 3 June 2003 to 16 January 2007. Between 2 February and 16 March 2004 and 27 February and 11 April 2006, he had been detained in Jilava Prison in order to be brought before the courts that had summoned him. During his detention in Oradea Prison the applicant had been held in dormitories 87, 88, 99, 143, 144, 145, 146 and 148. Dormitories 87 and 88 were located in Section 6 of the prison, which was fully refurbished in 2000. Both of the dormitories had twenty beds and measured 38.24 and 41.47 sq. m. respectively. They were also fitted with two windows each: one facing the hallway of the section (measuring 0.49 and 0.51 sq. m. respectively), and a second facing outside (measuring 0.99 and 0.94 sq. m. respectively). Dormitory 99 was located in Section 7 of the prison, which was also fully refurbished in 2000. It had twenty beds, measured 29.29 sq. m. and was fitted with two windows, one facing the hallway of the section (measuring 0.46 sq. m.), and a second facing outside (measuring 0.94 sq. m.). Dormitories 143, 144, 145, 146 and 148 were located in Section 9 of the prison, which had been newly built in 2004. Each of the dormitories had eight beds, measured 16.60 sq. m. and were fitted with a window measuring 1.21 sq. m. that ensured natural light and ventilation.
36.  On the same date the Government informed the Court that all the dormitories were also equipped with adequate electric lighting and were heated by radiators. Furthermore, during the applicant’s detention the number of detainees living in those particular dormitories had never exceeded the number of available beds.
37.  On 26 April 2012 the Government informed the Court that between 21 May 2003 and 23 June 2004, the national legislation concerning the outfits of detainees when brought before courts had changed repeatedly. That legislation was complemented by the rules adopted by the National Administration of Prisons. They also submitted documents confirming that on 10 November 2003, 15 May, 21 and 30 November, 15 October and 8 December 2005, and 24 February and 16 May 2006, the applicant had been allowed to receive clothes from his relatives. In respect of the applicant’s alleged handcuffing, they informed the Court that the authorities of Oradea Prison had obeyed the applicable legal provisions concerning restraint when they had brought the applicant before the domestic courts.
38.  On the same date the Government informed the Court that the applicant’s appeal on points of law against the judgment of 13 October 2005 of the Oradea District Court had been dismissed as ill-founded by the Bihor County Court on 17 May 2006. They provided documentary evidence but did not provide a full copy of the judgment of 13 October 2005.